The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1887-03-24

tu0 DlIOuu1bbnuOOop Onu shnb "A sho uoAAAA
eide was committed, 1t was justihAble
homicide.
/ will say to you that II you tind that
the defendant, at the time cf killing,
was the Marshal Of the village Of Louis
Vile, that he had placed In his hands q
legal warrant for the arrest Of the said
Joseph P0lus, Jr., for q felony charged
against him, and that In executing said
warrant and Rrresting said Joseph P0lns,
Jr., he used more force than was reason
ably necessary under the circumstances
to effect said arrest, that he would have
been engaged In an unlawful act, and
II while so engaged, he killed said Jos
sDh Polus, Jr., It would not be case Of
justifiable homicide, but Of manslaugh-
ter. But IL Oh tie other hand you find
that Joseph POlus, Jr. was charged be.
fore q proper officer with felony, and
defendant held a legal warrant issued by
said officer for his arrest for such felony,
and was honestly and In good faith at
tempting to serve said warrant, and to
arrest said JOsepN POlus, Jr., and IN 80
doing used no more force than was rea'
sOnably necessary to prevent his escape,
and cause his arrest, under the CirCum-
stances, then the defendant was not en-.
gagged In an unlawful act, but was en-
gagged In lawful act, and one that was
eminently proper, and one that IL was
his sworn duty to do, and II while 80
engaged the defendant killed j Iaaph
POIuS, Jr., II would be case Of lUstifia-
BILE homicide, and you should find the
defendant not guilty.
What is meant by such force as is
reasonably necessary is, that 1t should
be such force, and only such force, as
reasonable man would use under like
such force and only such
force as q reasonable man, under the
circumstances, as they then appeared to
the defendant, would deem necessary
and proper to prevent the escape and
cause the arrest OF Joseph P0lus, Jr
What is meant by felony is any crime
the punishment Of which Is capital or
Imprisonment in the penitentiary. ALI
Offenses punishable by fine or imprisOn'
ment In the jail are called misdemean
Ors, and will say to you that If you
.ind Joseph POlus, Jr., was charged with
an assault with intent to kill, that crime
was a felony.
Again, l will say to you that 1t is not
necessary for the officer to directly nOti-
~ a person for whom he holds war
rant that he has such warrant, that he
Is such officer, or Of the Offense charged,
IL you find that such person knew the
same at the time or before the officer
attempted to arrest him. II Joseph
POAus, Jr., knew at the time or before,
The defendant was attempting to arrest
him that he had been duly charged with
q felony, and that the defendant was the
Marshal Of Louisville, and had a war
rant for his arrest for tHat offense, 1t
was not then necessary for the defend
ant to inform or notify Joseph POIus, Jr.,
Of these facts before he attempted to ar
rest him.
To determine all these questions you
must look to the evidence. 1t Is for you
10 say, after considering the evidence
and looking at all the circumstances
that surrounded the defendant at the
time, considering 1t all, as reasonable
men, did the defendant use more force
han was reasonably necessary to pre-
rent the escape and cause the arrest Of
Joseph POlus, Jr., or did he use no more
'Orce than was reasonably necessary un-
Ter the circumstances?
This question is for you. 1t is qUes
ion Of fact, most important and grave
)ne, and one which should receive your
most earnest and conscientious oOnsid-
,ratiOn. can only aid you In your de-
iberatiOns by giving you some gen.
sral rules that should g0V6rn you
N weighing the evidence and arriving
1t conclusion. cannot give you my
opinion, cannot even intimate to you
what think you ought to do. You are
The sole Judge of the facts, under the
rules of law given you by the Court.
The first rule will call your Rtten-
lion to 10, that In this case, as In all
cases, IL devOlVes upon the
State 10 establish every proposition nec-
,ssary to conviction to your satisfaction
)ayOnd q reasonable doubt. The rule In
,iVil action is, that the party who holds
he affirmative must establish his prOpO-
itlOn by the fair prepOnderance Of the
violence, but that will not do In q Crlmi- |
lsl case. The l9w presumes the defend |
mt innocent; and this legal presump-
ion of innocence can only be overcome |
y the full proof, such as will exclude |
ii reasonable doubt of the guilt Of the |
efendant. The law 10 too jealous and
arefal of the rights Of citizens to per
nit any person to be deprived Of life or
liberty, except on fair trial to jury
( his peers, and after sufficient eVi
ence has been given to remove every
easonable doubt Of his guilt. II you
ave any reasonable doubt on any enc of
hese propositions, to which l have
allied your attention, as to the guilt of
be defendant, 1t is your duty TO give
i'm the full benefit Of that doubt and
nd verdict Of not guilty. But, If after
considering all the evidence
on are satisfied, beyond q reasonable
oubt, that he is guilty under these in
tructiOns which l have given you, 1t is
our duty to so say, and return YER
let Of gliltyas he stands chatged in the
A reasonable doubt is such doubt as
reasonable man would have after con-
ldering all the evidence In the
ase honestly and fairly for the
urpose of arriving at the truth
t does not mean frivolous doubt, or a
aptiOus doubt, or such doubt as a par
Isan might have or claim to have for
urpOse, but an honest doubt, fairly tn.
srtalned, such q doubt as an honest
nd fairminded man might have after
arefully considering all the evidence.
I you have such reasonable doubt you
hOuld not hesitate to give the defend
Mt the benefit of 1t and render a verdict
I not guilty.
In Weighing the evidence of each
Iltness you should consider any inter-
st or feeling you may find he may have
0 this proceeding; consider his rela-
lOnship to the parties, II he Is related;
is intelligence or want of intelligence;
Is opportunity for knowing what he
estifies about; his memory or want of
lemory about what occurred; his man
or before you on the stand; his contra
lotion Of his own evidence before you,